power of attorney question (estranged siblings)

[Minnie@123]

Hi everyone,

This is my first post - I have a quick question about LPA.

My father passed away in 2022, leaving everything to my mum but beforehand had granted LPA to me and my two sisters.

My mother's mental health was rapidly deteriorating at the time - and she was eventually diagnosed with Parkinson's, but she is now showing definite signs of Parkinson's related dementia and has regular hallucinations and talks in a nonsensical way. I don't think she could be described as being in anyway compis mentis and of sound mind and body.

My parents owned a foreign property which my sister's want to sell to help pay for care home fees - I want to keep the property and rent it out to fund her care that way.

Where do I stand legally? Can't I 'veto' their decision, or do 2 votes beat 1?

Also, because my mother is very frail now and has regular falls which require regular operations in hospital would she qualify for CHC, so subsidised care, or is that only an option when she has burned through her life savings down to her last 23k?

Many thanks for any help

Do you and your sisters have LPA - both types: Health & Finances - for your mother? If not, and she no longer has the Mental Capacity to understand what LPA is about, I think you cannot now get Power of Attorney for her. Her GP might agree to undertake a Mental Capacity assessment; charging a fee for it. Look into the UK Government websites for both Power of Attorney and Court of Protection: I've found the websites, online FAQs and phone helpline very helpful. Speak to your local social care department: your mother should be entitled to a "needs assessment"; and they could advise you about benefits (eg Attendance Allowance). I suggest you research likely costs for suitable care: lottie.org requires providers to state their fee levels; care home.org.uk does not. See NHS website for info about Funded Nursing Care (paid direct to a residential care provider) and CHC (which is as rare as hens' teeth). Also research relative costs and potential income from renting out the property abroad; compared to likely income / cost from selling her current home. Get your numbers worked out in as much detail as possible. And check the legal status for yourself and your sisters if you want to sell her home - or rent out the other property - without having LPA: Court of Protection might be able to advise on that. Unless your name(s) are on the title deeds, both properties are currently still hers; not yours, nor your sisters'. Your joint actions must be "in her best interests".

 

[Melles Belles]

@backin in many parts of London a 3 bed terrace will be worth over £1m so it won’t be unusual to have a 7 figure estate.
In the outer London borough I live in there is only 1 house for sale for less than £500k. The cheapest 1 bed flat is £235k and it’s above a shop. Renting a room in a house is usually £800pm plus bills that would reduce the ability to save a deposit.
Hence we have 2 children in their 20s still living with us and will be for the foreseeable future. They’re both graduates working for the NHS.